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HomeMy WebLinkAbout20211720 Ver 1_CAMA Application_20211124DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Fred and Lucy Clowes PROJECT NAME: Clowes Private Bulkhead/docking facility 2. LOCATION OF PROJECT SITE: The project site is located at 487 Deep Water Drive in Bolivia, North Carolina. Coordinates: Latitude 33°5834.14" N Longitude 78°15'0.97" W 3. INVESTIGATION TYPE: CAMA/ Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/12/21 Was Applicant Present — Agent 5. PROCESSING PROCEDURE: Application Received — 7/28/21 Application Complete — 11/22/21 6. SITE DESCRIPTION: Office -Wilmington (A) Local Land Use Plan - Brunswick County Land Classification From LUP — Residential (B) AEC(s) Involved: ES, CW, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing - Single family residence, bulkhead, docking facility Planned - Replace existing bulkhead add new floating dock and boatlift. (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: (AREA] DR F.DGF.D FIT .T .F.D OTT P P (A) Uplands 1,160 sq. ft. (disturbed) (B) Vegetated Coastal Wetlands — 64 sq. ft. 24 sq. ft. (shaded) (C) Open Water 744 sq. ft. 75 sq. ft. (incorporated) (D) Total Area Disturbed: 2,076 sq. ft. (.04 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC; HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to install a new vinyl bulkhead waterward of an existing failing wooden bulkhead impacting approximately 64 sq. ft. of coastal wetlands and install a new fixed dock and boatlift for a total of two formalized boat slips. Clowes November 22, 2021 Page 2 9. PROJECT DESCRIPTION The proposed project is located at 497 Deep Water Drive in Bolivia, Brunswick County. The proposed project is adjacent to the Lockwood Folly River. Existing structures on the .5-acre property include a single family home, bulkhead and floating dock. The total length of the existing bulkhead measures approximately 62 linear feet and is constructed with treated wood, the total shoreline length is approximately 98 linear ft. Normal High water is at the existing bulkhead. High ground immediately landward of the shoreline is elevated approximately 14' above normal high water (NHW) and vegetation primarily consists of domestic grasses and ornamental landscaping. Smooth Cordgrass (Spartina alternaflora) grows along portions of the existing bulkhead and extends approximately 7 ft. water -ward. Areas of wetlands have also colonized behind the existing wall due to erosion. Based on DCM records, no previous permit history can be found for the construction of the existing bulkhead or the 10 ft. wide by 20 ft. long floating dock. The waters of the Lockwood Folly River are classified SC;HQW by the Division of Water Quality and ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to install a new vinyl bulkhead waterward of an existing failing wooden bulkhead impacting approximately 64 sq. ft. of coastal wetlands and install a new fixed dock and boatlift for a total of two formalized boat slips. The existing wooden bulkhead has begun to fail and there is a steep bank landward of the wall. The applicant is proposing to replace the entire bulkhead with a new vinyl bulkhead. Due to the steep slope, the applicant has proposed to step out the new bulkhead 2 ft. directly in front of the existing one. The proposed bulkhead would be approximately 68 linear feet, including a 10 ft. wing wall on the southern property line. As proposed, the new bulkhead would impact two areas of coastal wetlands measuring 10 sq. ft. and 53.2 sq. ft. for a total of approximately 64 sq, ft. of coastal wetland fill (see Sheet 2 of 2). According to the application, clean sand material would be used to backfill between the existing and proposed bulkheads. The application states that a new 15 ft. long by 4 ft. wide fixed pier would originate from an existing 10 ft. wide by 8 ft. long high ground deck and would extend to a 15 ft. long by 5 ft. wide fixed dock waterward of the new bulkhead. The proposal also includes a 12 ft. by 12 ft. boatlift that would be installed waterward of the floating dock creating one formalized boat slip in water depths measuring -1.5 ft. - 3 ft. at NLW. As proposed the docking facility would not encroach into either 15 ft. adjacent riparian setback, would meet the 8 sq. ft. rule and would not exceed 1/4 width of the waterbody. The proposed docking facility would extend approximately 20 ft, into the Lockwood Folly River, which measures approximately 118 ft. across in this area. 10. ANTICIPATED IMPACTS The proposed bulkhead would step out an average of 2 ft. below NHW, filling approximately 64 sq. ft. of coastal wetlands and approximately 75 ft' of open water area. The proposed floating dock and boatlift would incorporate approximately 744 sq. ft. of Estuarine and Public Trust Waters. Increased turbidity levels should be expected during project activity. Submitted by: Tara MacPherson Date: November 22, 2021 Office: Wilmington CAMA Major Permit Application Project Narrative For Fred and Lucy Clowes 487 Deep Water Drive Bolivia, NC Date: 7/16/2021 Project Narrative The project site is located at 487 Deep Water Drive, Bolivia, NC (33°58'34.39"N, 78°15'0.33"W). The property is located on Lockwoods Folly River and approximately 4 miles north of the Intracoastal Waterway The owners of the subject property are Fred and Lucy Clowes. The existing structure is a one-story single-family residential structure. A professional topographic and physical survey (sealed and dated: 12/2/2019) of the existing conditions was ordered for this permit application and is included in this application for reference. A pre -application meeting was held on 15 May 2020 and attended by NCDENR Representatives Ben Brink and Tara McPherson. A field survey was performed and found two coastal wetland areas existed on the property. The first identified ran along the existing timber bulkhead (behind the existing floating dock) and second was found behind the snag on the NW corner of the project site (landward side of an existing tree). Approximate area of existing wetlands are 66.8 SF and 16.9 SF, respectively. The adjacent properties are developed lots with residential structures. Existing bulkhead structure surrounding the residence is a 4.5-foot (approx.) wooden bulkhead with tiebacks supported by horizontal timbers wales, approximately 61.8-ft long and goes into the southern adjacent property owners lot. Length of embedment of timbers cannot be determined. The existing timber bulkhead structure is under high stress and failure is imminent, and the purpose of the proposed new retaining wall system is to stably retain the slope and residential structure in their current positions, and doing so with a long term solution that protects the structure from failing and potentially spilling into the Lockwoods Folly River. DECEIVED JUL 2 8 71 1 of 2 FINAL. — For Review Purposes Only DCM WILMINO` C The proposed project will be to construct a new 4.5-ft vinyl bulkhead, built adjacent too and as close as possible to existing, towards the Lockwoods Folly River (i.e. waterward less than 2' from existing bulkhead). The maximum edge distance waterward of the proposed bulkhead will be constructed 24-inches off the existing MHW mark on the existing bulkhead. The new bulkhead will measure 68.5-ft long and will tie into high ground on the owners property. The proposed bulkhead will be stabilized using 1" x 10-ft HDG rods every 6 feet Typical residential marine construction methods will be performed. The vinyl sheet piles designed for this project will be the ESP 4.1 product in 10-ft lengths installed by vibratory hammer to the required depths. I have determined the proposed bulkhead cannot be built landward (i.e. behind existing bulkhead) since the slope of the property is too large and the loads determined will not to support proposed retaining wall. This project also proposes replacing the existing floating dock and walkway with a proposed fixed platform measuring 5' x 15' with a fixed walkway (pier/dock), sized 4'x10', from an existing deck. The fixed dock will be supported by [6] 6x6 pressure treated timber posts. The proposed fixed walkway will have hand rails and will be supported by [4] 6x6 PT timber posts, traversing and avoiding impacts to the wetlands below.. Additionally, this project proposes installing a new 10,000 lb Boat Lift US boat lift, supported by four 12" (diameter) pressure treated timber piles placed in a square, offset 12-ft o/c, to support a 20-ft bay boat that will face inland/up-river. The proposed boat lift will be installed adjacent to the proposed fixed dock. Equipment and construction materials will be stored on site. Back fill material will be clean sand material that will be delivered by truck and installed from above by hand. The estimated total area of disturbed coastal wetlands is 63.2 SF, Za " ry L. ichol, Jr., PE Dated: 7/16/2021 Nichols Engineering PLLC NCBELS Firm License Number: P-2006 DECEIVED JUL 28 2021 2 of 2 FINAL— For Review Purposes Only DCM WILMINGTON, NC nrrucAnoxfor Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT �. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Na NA Applicant 1: First Name M1 Last Name FRED CLOWES Applicant 2: First Name MI Last Name LUCY CLOWES If additional applicants, please attach an additional page(&) with names listed. Mailing Address PO Box City State 487 DEEP WATER DRIVE Boliva NC ZIP Country Phone No. FAX No. 28422 USA ext. _ Street Address (if different from above) City State ZIP Email NA 2, Agent/Contractor Information Business Name Kelley Construction Services Llc. Agent/ Contractor 1: First Name MI Last Name Brian Kelley Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State B478 Rolling Run Rd Southport NC ZIP Phone No. 1 Phone No. 2 28461 910 - 477 - 7711 ext. - ext. FAX No. Contractor Street Address (if different from above) City State Zl P Email brian@kelley-con.com RECEIVED <Form continues on back> jUL 2 S 2021 LMIN GTON1 INC 252-808-2803 .. 1-888-4RCOiAST ., www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # BRUNSWICK 487 DEEP WATER DRIVE Subdivision Name City State Zip WINDING RIVER PLANTATION BOLIVA NC 28422 - Phone No. Lot No.(s) (if many, attach additional page with fist) - ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project LUMBER LOCKWOODS FOLLY RIVER c Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown AIWW e_ is proposed work within city limits or planning jurisdiction? f If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. BRUNSWICK COUNTY 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) +--981 24,227 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) Qf many lot sizes, please attach additional page with a list) 14 FT ❑NHW or NNWL e. Vegetation on tract GRASS, SMALL TO LARGE HARDWOOD TREES, VEGITATIVE GROUND COVER f. Man-made features and uses now on tract SINGLE FAMILY HOME g. Identify and describe the existing land uses adjacent to the proposed project site RESIDENTIAL h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R75 (Attach zoning compliance certificate, if applicable) NYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo ®NA It yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ®NA National Register listed or eligible property? RECEIVED <Form continues on next pages JUL 2 8 2021 DCM WILMINGTON, NC 252-808-2808 .. 1-888-4RCOAST .; www.necoastalmanagernent.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (6) Are there coastal wetlands on the site? ®Yes [-]No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. COUNTY WATER AND WASTEWATER o. Describe existing drinking water supply source. BRUNSWICK COUNTY p. Describe existing storm water management or treatment systems. SURFACE RUNOFF 5. Activities and Impacts a Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. BULKHEAD, FIXED PIER AND WALKWAY, FOR SINGLE FAMILY USE AND BOAT LIFT FOR RECREATIONAL ACTIVITY. c_ Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. TYPICAL RESIDENTIAL PIER AND BULKHEAD CONSTRUCTION METHODS. PROPOSED PILES AND VINYL SHEET PILES TO BE INSTALLED BY DRIVING AND VIBRATORY HAMMER AS REQUIRED. EQUIPMENT STORED ON -SITE. d. List all development activities you propose. The proposed project will be to construct a new 4.5-ft vinyl bulkhead, built adjacent too and as close as possible to existing, towards the Lockwoods Folly River (i.e. waterward). Estimated new bulkhead will be built out no more than 24" from existing wooded bulkhead structure. The new bulkhead will measure 68.5-ft long. The proposed bulkhead will be stabilized using 1" x 10-ft HDG rods every 6 feet. Typical residential marine construction methods will be performed. The vinyl sheet piles designed for this project will be the ESP 4.1 product in 10-ft lengths installed by vibratory hammer to the required depths. I have determined the proposed bulkhead cannot be built landward (i.e. behind existing bulkhead) since the slope of the property is too large and the loads determined will not to support proposed retaining wall. This project also proposes replacing the existing floating dock and walkway with a proposed fixed platform measuring 5' x 15' wit fixed walkway (pier/dock), sized 4'xl0', from an existing deck. The fixed dock will be supported by [6] 6x6 pressure treated timber posts. The proposed fixed walkway will have hand rails and will be supported by [416x6 PT timber posts, traversing and avoiding impacts to the wetlands below. Additionally, this project proposes installing a new 10,000 lb Boat Lift US boat lift, supported by four 12" (diameter) pressure treated timber piles placed in a square, offset 12-ft o/c, to support a 20-ft bay boat that will face inland/up-river. The proposed boat lift will be installed adjacent to the proposed fixed dock. Equipment and construction materials will be stored on site, Back fill material will be clean sand material that will be delivered by truck and installed from above by hand. The estimated total area of disturbed coastal wetlands is 63.2 SF. e. Are the proposed activities maintenance of an existing project, new work, or both? BOTH f. What is the approximate total disturbed land area resulting from the proposed project? 1360 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes RN,, that the public has established use of? JUL 2 8 2021 252-808.2808 .. 1-888-4RCOAST . www.necoastairrrana "WiLfiNINGT'ON, NC Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit h. Describe location and type of existing and proposed discharges to waters of the state NONE. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ®No [_]NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. Form continues on back> Additional Information addition to this completed application form, (MP-1) the following items below. if applicable, must be submitted in order for the application ckage to be complete. Items (a) -- (tj are always applicable to any major development application. Please consult the application struction booklet on how to properly prepare the required items below. a. A project narrative b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e- The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments or the proposed project to the Division of Coastal Management. Name WiLFERGUSON MARCUS ETUX FERGUSON CHRISTY Phone No. Address 45022 PIERHEAD CT SOUTHPORT, NC 28461-8165 Name KMOTTER STEVE ETUX MOTTER JAMEY Phone No. Address 6100 WILKINSBURG Ra RALEIGH, NC 27612-6733 ame Phone No. --- ddress "..2.. a. g. A list of previous state or federal permits issued for work on the project tract Include permit numbers, permittee, and issuing dates. NA h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Cer#ifieation and Permission to ,Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federa rl QWIEQs to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring ofthe project. JUL $ �OZ� I further certify that the information provided in this application is truthful to the best of my knowledge. 252-808-2808 ;; 1-888-4RCOAST :: www.nccoastalmanage[ACeWtAl�MINGTON, NC Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit Date May 21, 2021 Frederick A. Clowes Print Name Signature frederick A. CEosw, (May 21. )021 19v0 EDP Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development MDCM MP-4 Structures Information RECEIVE® JUL 2 S 2021 Nc 252-808-2808 .. 1.888-4RCOAST www.necoastaImanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Baat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length Width Avg. Existing Depth N A NA Final Project NA Depth NA 1. EXCAVATION . ®This section not apptica6le a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards_ 0 C. (i) Does the area to be excavated include coastai wetlands/marsh d. High -ground excavation in cubic yards (CW), submerged aquatic vegetation (SAV), shell bottom (SB), a or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. - ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL This section not applicable a. Location of disposal area ..E b. Dimensions of disposal area. NA NA C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ®NA ❑Yes ❑No ®NA (ii) If no, attach a letter granting permission from the owner- (ii) If yes, where? e- (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (5B), []Yes ❑No ®NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of disposa! in these areas: RECEIVED JUL 2 8 2021 252-808-2808 c; 1-888-4RC€3AST .; www.nccoastalrnana ement.netDCM VVILMINGTON,He revised- 12126106 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION (if development is a woad groin. use MP4 - Structures) a. Type of s creline stabilization ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: NORMAL HIGH WATER TOUCHES EXISTING BULKHEAD APPROX 1-FT HIGH. e. Type of stabilization material - VINYL g. Number of square feet of fill to be placed below water level Bulkhead backfill 57SF BreakwaterlSil I i. Source of fill material. Riprap Other BELOW WL NONE BY WAY OF HIGHWAY (WILL PURCHACE CLEAN SANDY TYPE MATERIAL). ❑ This section not applicable b. Length 68.5'' Width: 10" d. Maximum distance waterward of NHW or NWL: 24-INCHES' (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. ROOTS OF TRFFS HAVE BEEN EXPOSED AND HAS GOTTEN WORSE SINCE FIRST NOTICING (LE. THE LAST YEAR) h. Type of fill material. SANDY TYPE MATERIAL, TYPICAL SANDY BACKFILL 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) tU vvui rru matenai De Dreugnt 10 the site IJYes NO JNA If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill (l) Will fill material be placed in coastal wetlands/marsh (CVV), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (Wi If any boxes are checked, provide the number of square feet affected ❑Cvv ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? WILL BE BROUGHT IN PRIOR TO BULKHEAD CONTRUCTION. BOBCAT TO MOVE AROUND SAND. TYPICAL VIBRATORY WILL SEED AND SOD AFTER BACKFILL. EQUIPMENT TO CONSTRUCTU BULKHEAD. G. (i) Will navigational aids be required as a result of the project? ❑Yes ❑No ®NA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts Project Name Date lik DG 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanageement.net revised: 12126j'06 Form ©CM MP-2 (Excavation and Fill, Page 3 of 3) Frederick A. Clowes Applicant Name Applicant Signature RECEIVED JUL 2 8 ❑CM WILMINGTON, NC 252-808-2808 - 1-888-4RCOAST r- www.nccoastaimana ement.net revised. 12126/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 9. DOCKING FACIL1TYfMAR1NA CHARACTERISTICS a. (i) Is the docking facility/marina ❑Commercial ❑Public/Government NPrivatelCommunity Aft ❑ This section not applicable b- (i) Will the facility be open to the general public? [-]Yes MNo c. (i) Dock(s) and/or pier(s) d- (i) Are Finger Piers included? ❑Yes ®No (ii) Number 1 If yes: (iii) Length 10 (6) Number (iv) Width 4 (iii) Length (v) Floating ❑Yes ®No (iv) Width (v) Floating ❑Yes ❑No e (i) Are Platforms included? ❑Yes ®No f_ (i) Are Boatlifts included? ®Yes ❑No If yes- If yes: (ii) Number (ii) Number 1 (iii) Length 15 (iii) Length 12' (iv) Width 5 (iv) Width 12' (v) Floating ❑Yes ©No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided 1 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 1 ❑ Dockage, fuel, and marine supplies M Dockage ("wet slips") only, number of slips: 1 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land out and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length 20' m. (i) Will the facility have tie pilings? [--]Yes ®No (6) If yes number of tie pilings? 0 j. Describe the typical boats to be served (e g_, open runabout, charter boats, sail boats, mixed types). 20' bay boat, single outboard motor, private use (i) Will the facility be open to the general public? ❑Yes ®No RECEIVED JUL 2 8 20 DCM WILMINGT€ N, KC 252-808-2808::1-888-4RCOAST ;; www.nccoastaimanagement.net revised: 12127106 Farm DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILIMMARINA OPERATIONSJiML ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e- (i) Give the location and number of"No Sewage Discharge" signs proposed. (ii) Give the location and number of "PumpoutAvailable" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h- Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVE m. Is the marina/docking facility proposed within a primary or secondary nursery area? JUL 28 ❑Yes ❑No DCM WILMINGTON. 252-808.2808 :: 1-888-4RCOAST -- www.nccoastalmana ement.not revised: 12127/06 Form ©CM MP-4 (Structures, Page 3 of 4) n. Is the marinaldocking facility proposed within or adjacent to any sheilfish harvesting area? ❑Yes ❑No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None P. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes [:]No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease_ 3. BOATHOUSE (including covered lifts) [RThis section not applicable a. (i) is the ooamouse structures) ❑Commercial ❑PubliGGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions 4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use NIP 2, Excavation and Fill.) ®This section not applicable a- (1} Numoer (ii) Length (iii) Width 5. BREAKWA a. Length sheetpile, etc.) c. Maximum distance beyond NHW, NWL or wetlands ZThis section not applicable b Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS $This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Government ❑PrivatelCommunity c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing RECE1 7. GENERAL- DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST - www.nccoastaimana;3ement.net revisers: 12127106 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 40-FT (NORTH) AND 10-FT (SOUTH) Note: For buoy or mooring piling, use arc of swing including length of vessel. c_ Width of water body 106' e. (i) Will navigational aids be required as a result of the project? ❑Yes NNo DNA (ii) If yes, explain what type and how they will be implemented. a. Give complete description: b. Proximity of structure(s) to adjacent docking facilities. 131-FT (NORTH) AND 159-FT (SOUTH d. Water depth at waterward end of structure at NLW or NWL -4 NLW El This section not applicable The proposed project will be to construct a new 4.5-ft vinyl bulkhead, built adjacent too and as close as possible to existing, towards the Lockwoods Folly River (i.e. waterward). Estimated new bulkhead will be built out no more than 24" from existing wooded bulkhead structure. The new bulkhead will measure 68.5-ft long. The proposed bulkhead will be stabilized using 1" x 10-ft HDG rods every 6 feet. Typical residential marine construction methods will be performed. The vinyl sheet piles designed for this project will be the ESP 4.1 product in 10-ft lengths installed by vibratory hammer to the required depths. I have determined the proposed bulkhead cannot be built landward (i.e. behind existing bulkhead) since the slope of the property is too large and the loads determined will not to support proposed retaining wall. This project also proposes replacing the existing floating dock and walkway with a proposed fixed platform measuring 5' x 15' with a fixed walkway (pier/dock), sized 4'xl0', from an existing deck. The fixed dock will be supported by [6] 6x6 pressure treated timber posts. The proposed fixed walkway will have hand rails and will be supported by [4] 6x6 PT timber posts, traversing and avoiding impacts to the wetlands below. Additionally, this project proposes installing a new 10,000 lb Boat Lift US boat lift, supported by four 12" (diameter) pressure treated timber piles placed in a square, offset 12-ft o/c, to support a 20-ft bay boat that will face inland/up-river. The proposed boat lift will be installed adjacent to the proposed fixed dock. Equipment and construction materials will be stored on site. Back fill material will be clean sand material that will be delivered by truck and installed from above by hand. The estimated total area of disturbed coastal wetlands is 63.2 SF. Applicant Si;nstu,re ... May 21, 2021 Date Project Name RECEIVED ClovresederickA, Clowes JUL 2 S 2021 Applicant Name DCM WILMINGTON, I`IC 252-808-2808 ;: 1-888-41RCOAST .; www.nccoastaimanagernent.net revised; 12127/06 ROY COOPER Govem r EUZABETH S. BISER seawary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality November 22, 2021 Mr. Fred Clowes c/o Brian Kelley- Kelly Construction Services, LLC 6478 Rolling Run Road Southport, NC 28461 Dear Mr. Kelley: The Division of Coastal Management hereby acknowledges receipt of your CAMA Major Permit application, acting as agent for Mr. Fred Clowes, for State approval for a new bulkhead and docking facility to be installed at 487 Deepwater Drive in Bolivia, Brunswick County. The application was received as complete on November 19, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 2, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 19, 2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant Y NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Tara MacPherson District Manager Enclosures cc: Cameron Luck, DCM Connie Marlowe, LPO WiRo Files D_EQ� �N�a..,t USACE Holley Snider, DWR Kim Harding, DMF Fred Clowes, Applicant North Carolina Department orFrWronmental Quarrty I Division of Coastal Management Wilmington office 1 127 Cardinal (Drive Extension I Wilmington, North Carolina 28405 910.7%.TM GO NORTH CAROLINA Environmental Ovalih November 24, 2021 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice: • Fred and Lucy Clowes Hello: Please publish the attached Notice in the Wednesday, December 1, 2021 issue. ROY COOPER Governor ELIZABETH S. B1SER Secrerory BRAXTON DAVIS Direclor, Division ofCoavalManagemenr The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. )rt & Customer Assistance cc: Cameron Luck - MHC WIRO file USACE State of North Carolina I Havironmental Quality I Coastal Management 127 Cardinal Drive Fact., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On November 22, 202I, Fred & Lucy Clowes proposed to install a new bulkhead waterward of an existing failing bulkhead within 64 sgft. of Coastal Wetlands & install a new dock & boatliftfor a total of two (2) slips at 487Deep Water Dr., adjacent to the AIWW in Bolivia, Brunswick County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management,127 Cardinal Drive Ext., Wilmington, NC 28405, (910 796-7266) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 22, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Fred Clowes Mailing Address: ; ­0 IM-Rom- Phone Number: (410) 353-0980 Email Address: fclowes@comcast.net I certify that I have authorized Brian Kelley, to act on my behalf, for the purpose of applying for and obtaining all CAMA permb necessary for the following proposed development: Deck on back of home. To include all required landscaping, walk -paths, ramps, staircases and platforms. at my property located at 487 Beep Water Dr SE, Bolivia NC, 28422 in Brunswick County. 1 furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property ©wn# of aticn: K Signature r CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Fred and Lucy Clowes Address of Property: 487 ©eep Water Drive, Bolivia NC _ - '- Agent's Name #: NIA Mailing Address: 487 Deep Water Dr, Bolivia, NC 28422 Agent's phone #: NA 1 hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development [ they are proposing. A descri ti n and drawing, with dime sions is attached with this letter. / �� IV17JdL`�� ✓ I have no objections to this proposal. I have objections to this proposal. 142- pew �Za if you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 30 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15 from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED I do wish to waive the 15' setback requirement_ FEB 16 2021 I do not wish to waive the 15' setback requirement. DGM'JIlI1wMiNGTON, NC Information) (Adjacent Property Owner Signature P/Z6-1/1) CL-DW�-5 Print or Type Name Mailing Address P AG i- v1 /( L/ Z2- Citylstat&zip qltp-,3 Telephone Number Date Signature �f Print or Type Name Mailing Address City/State/Zip 7 t 9 - 6_C�� � Telephone Number q/"-f Date Revised 6/26/2017 'THIS MAP NAY NCIT BE A CERTIFIED "VEY AND HAS NQT DUN REVIEWED BY A LOCAL GDVERNMENT AGENCY FUR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND 144S NOT BEEN Rf-VXWU FOR M4PLIANCE WITH REC€ RDRE ITS FOR PLATS.' I _at1lll�lllllrr._ � -. LOT T2-2O 24,277.6 S.F- .......... _ '° CONCRETE DRIVE --- 1 STURY 487 - x j t� S ........... J BULKHEAD /I3vtr bout T - s; ov ao- i> t2 LOT T2--18 17AZ,wTn UXATION Mire ambmw t f i RECEIVE FEB 16 20 1 DCM WILMINGTON, NC Course Bearing Distance L1. N 28'45 02 W 40.93 L2 N 4275 2 W L3 N 3W 18 MI 15.51 L4 N 32'24 4ii E 38.44 N 51' 1 E 15.3 Curvy I Radius I [Wta Chard I Chou Bear. : .�I 3"rW 40.O2 I S OV i s D \ N \ \\ N \ oo\ \\ CO Z \ m J H W m U) LLI Q O H WQbiF\ 0 w W - \ ZOFd'J \ o>-30o \ 2. W C7z \ J�uj aJg \ �av ' \ v N U Z Q m-1 wOm m CO Q co W � � Q LL}2i N EL�WID a r Oa' o � Z>LL 1 � 1 m X� 1 W f7 \ aoo +rw it to Y X w J o In J LL Co J H �Co W W \\ Oz Q \ zz zW \F7 Q y= \\ w� wm \\ \\ �✓ OOO G` - M CO O nupr LO � N 2 Z= Z M a) GIt o ro I II II I\ N Z m CaD CD v Z c Q Z ca U tm W J r2 N 0) m O O O LU 0_ m N -5 V pLLl O O II 7 Z fnm W 0,N Wm 00 Z N w iri Z: CO o - 1 uj =) < or}a�azw �mW(70= O J W W Z Z �Ja- JF0 LU 000 U) Z 0 ❑ Z O Z N Z M O �U F- 0 � m U w J Z ❑ O L) J d N U_ Q ❑ Q Q OD O-Q cQ G CQ G Q U \ \`O 4 \ �� ���Y•p•Y•Y•Y•p (6 �, �>} Y 70 Q N T } } }r] }>}>}>T•!>Y>} Yr!>Y•} Y Y Y } p Y•}>Y•T } fYr �}r )}r ^ a Y LL 1 j r}> •}a r}r >T> a}r >}> � • __ .._......... I --I ru ru .m certi%OCi Mai Fee to Extra Services & Fees (&heckbo); add fee W aPPrOPriee) © Rijum Rexipt pardGwh $ >� [] RoUn Receipt (I-q ronin) $ 17 © ceriifced Mad Restricted DeNerl S © IIAdutt Signature RecitaEred Q ❑ AdOt Signature Restrtcted Derrmy 5 Co p7 r-1 g v0 Total Postage and Fees ri $ p Sen 'T rid MGa.r-C v S It J.) �--------- ------ p Slreeianci hid., Sr io _ Postmark Here r- p�� P--:--e-:-h---- - C�----------------= ---- state, T�LK'v�'eC— ------------- � s Comptate items 1, 2, and Sign i■ Print your name and address orlt a reverse][A, so that we can return the card to you, X. Attach this rani t© the back of idle mat piece, or on the front if space permits. INi ` E ■ yEr - -� ! p° rw �- m S. service Type b Pemrq Malt Express� U Adult Signature 0 Registered MaIlTm. 0 Adult Signature Restricted t7elrvaty G FtMail Resfriotec cer�is3d r� Delivery Gertifed MWI Restricted De rrery 0 Signatum Confi rnatimTT11 9590 9402 7050 1225 2585 20 Q cutlect on Delivery 0 s;gnat.2-- Confirmation 2. Artide Number oiarmfar fmm 1=1 coitect orc Delivery Restricted Delivery Restricted Delivery riAnsured Mart 'Ma.Pksticted Delivery ps Form 3811, .duty 2020 PSN 7530-02-000-9053 RECEIVED NOY 1 9` 2021 DCM WILMINGTON, NC From: MacPherson, Tara <tara.macpherson@ncdenr.gov> Sent: Monday, August 9, 2021 11:33:47 AM To: Zachry Nichols, Jr., PE <zack@nicholsengpllc.com> Subject: RE: [External] RE: 487 Deepwater Bulkhead Hi Zach, Did you get my email? I have not received the other adjacent property notification. Do you want to try to track it on LISPS? Thanks, Tara Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax Cara. macoherson(d)ncdenr. oov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Zachry Nichols, Jr., PE[mailto:zack@nicholsengpllc.com] Sent: Wednesday, July 28, 2021 1:34 PM To: MacPherson, Tara <tara.mac herson ncdenr. ov> Subject: RE: [External] RE: 487 Deepwater Bulkhead CAUTION: External email. Do not click links or open attachments unless - #rify. Send all suspicious email as an attachment to. Report Spam. Please see revised forms attached. Did you receive the adjacent neighbor notification from the northern neighbor? Last name is Ferguson. Zack Zachry L. Nichols, Jr., PE Nichols Engineering PLLC Phone: 910-617-7893 Email: Zack@NicholsEngPLLC.com NC PE License #: 045493 NCBELS Firm License Number: P-2006 http://nichoisengpllc.com/ From: Zachry Nichols, Jr., PE[mailto:zack@nicholsengplic.com] Sent: Friday, May 21, 2021 7:57 PM To: MacPherson, Tara <tara.macpherson@ncdenr.gov> Cc: brian@kelley-con.com Subject. RE: [External] RE: 487 Deepwater Bulkhead CAUTION: Externsl email. Do not click links or open attachments unless you;7in y. Send all suspicious Report Spam. Please see attached Signed revised forms. —PLEASE use a 1"= 20' scale.. [COMPLETED AND REVISED ATTACHED.] —The cross section should state PROPOSED bulkhead [PLEASE SEE PLAN SHEET 3.1 These drawings show cliff dimensions for a floating dock than the old ones. The M-4 does not list a floating dock at all. Can you update the forms so everything is consistent. [REVISED ATTACHED.] —Are you the agent now? I have an agent form for Brian Kelley only. [STILL MR. KELLEY,] —The MP-1 lists the agent as Kelly Construction Services... need to update. [STILL MR. KELLEY] Both waivers are checked and not initialed.. we need an initialed waiver for the 15 ft. setback encroachment. [WILL BE SENDING COPY TO ADJACENT NEIGHBORS AS NORTH SIDE NEIGHBOR CHANGED TOO.] There is not a boatlift on the drawing [REVISED ATTACHED.] —Please verify the dimensions of proposed structures are consistent in the narrative, MP-1,MP-4 and on the drawings. [REVISED.] Zack Zachry L. Nichols, Jr., PE Nichols Engineering PLLC Phone_ 910-617-7893 Email: Zack@NichoIsEngPLLC.com NC PE License #: 045493 NCBELS Firm License Number: P-2006 httr)://nicholsen2t)llc.com/ NICHOLS ENGINEERING PLLC would love your feedback. Post a review to our profile. https://g.page/nicho Is-engineering-pI Ic/review?gm From: MacPherson, Tara <tara.macpherson@ncdenr.gov> Sent: Friday, May 14, 2021 3:03 PM To. Zachry Nichols, Jr., PE <zack@nicholsenppllc.com>- Subject: RE: [External] RE: 487 Deepwater Bulkhead MacPherson, Tara From: MacPherson, Tara Sent: Friday, May 14, 2021 3:03 PM To: Zachry Nichols, Jr., PE Subject: RE: [External] RE: 487 Deepwater Bulkhead Categories: To Print HI Zach, I pulled the original application and reviewed the updated drawing: am not sure which are property lines? A FEW THINGS: -PLEASE use a V= 20 'scale.. -The cross section should state PROPOSED bulkhead These drawings show dill dimensions for a floating dock than the old ones. The M-4 does not list a floating dock at all. Can you update the forms so everything is consistent. -Are you the agent now? I have an agent form for Brian Kelley only. -The MP-1 lists the agent as Kelly Construction Services... need to update. Both waivers are checked and not initialed.. we need an initialed waiver for the 15 ft. setback encroachment. -There is not a boatlift on the drawing Please verify the dimensions of proposed structures are consistent in the narrative, MP-1,MP-4 and on the drawings. Happy Friday, Ta ra Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara.rnac herson ncdenr. ov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Zachry Nichols, Jr., PE[mailto:zack@nicholsengpllc.com] Sent: Monday, May 10, 2021 11:26 AM To: MacPherson, Tara <tara.macpherson@ncdenr.gov> s2-19-2019 II�IIIll llll�l [ I�I1r MPH nof13PRtP Brun Srenda fl. Cten"Ons Register of Leads 12-19-2019 11:W13-M Brureswi� wn Y, NO NC REVEWE STAMP: $1187.88 f �ustui21-1- �,(? Type 8z 3 Total Ck $ Rev Gash $ Aaiund Cash $ Finance 0 Portions of document are ifiegible due to Condition of original, 13 Document contains seals verified by original instrument that cannot be reproduced or copied. NORTH CAROLINA GENERAL WARRANTY DEED NO OPINION ON TITLE RENDERED Excise Tax: $1,187.00 Parcel Identifier No. 20ODBO19 Prepared by; Ryan W. Johnson, a licensed NC attorney, P.O. Box 10685, Southport, NC 29461 Delinquent taxes, if any, to be paid to the Brunswick County Revenue Office upon disbursement of the closing proceeds by the closing atwmcy, Zachary Clouser, 1921 Executive Park Blvd, Suite C, Southport, NC 29461. This Deed is made this 13�day of December, 2019, by and between Lot T2-19, Section T2, Winding River Plantation John C. Carter III and wife, Andrea M. Carter 57 Elmwood Drive Destrehan, LA 70047 GRANTEE Frederick Arthur Clowes III and Lucy Pais Clowes, Trustees of the Cloves Family Trust dated November 15, 2017, and any amendments thereto ?7 fop Uk4er l)r, SC- 90/1'vrat Ale, 2 viz The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, aad shall include singular, plural, masculine, feminine or neuter as required by context. The Grantor represents that this property is_ ! is not X their primary residence. WITNESSETH, that, Grantor, in consideration of Ten and No/100 ($10.00) Dollars and other good and valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, by these presents, does give, grant, bargain, sell and convey unto the said Grantee, and Grantee's heirs, successors, and assigns, forever, in fee simple, all that certain lot or parcel of land located in the County of Brunswick, State of North Carolina, and more particularly described as follows: iEillll�lll��IIIO�� ���i P� Ct 4inons?BPROP Brunswick County, Kc Register of Deeds page 2 of 3 SEE EXHIBIT "A" ATTACHED HERETO: Said property having been previously conveyed to Grantor by instrument recorded in Book 3799 at Page 190 of the Brunswick County Registry - TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances, thereto belonging, to the said Grantee and said Grantee's heirs, successors, and assigns, forever, in fee simple; and the Grantor, for itself, its successors and assigns, does covenant with the said Grantee and said Grantee's heirs, successors and assigns, that Grantor is seized of the premises in fee simple, and has the right to convey the same in the estate aforesaid, that title is marketable and free and clear of all encumbrances, except as herein stated, and that Grantor hereby will warrant and defend the title against the lawfW claims of all persons whomsoever, except for the exceptions herein stated. Title to the property hereinabove is subject to the following exceptions: I. Ad valorem taxes for current and subsequent years. 2. Easements for utilities and rights of way in the chain of title. 3. Restrictive covenants of record. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. WC Joh,Carter I 4idre— a M. Carter STATE OF LovLS, � COUNTY!! OF . mot! 1, .rr rt{ ,•_ a Notary Public for said state and county, do hereby certify that John C. Carter III and wife, Andrea M. Carter personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS m d and official seal or stamp, this day of December, 2019. t�'���3 _•r. ( IcJQI'582�4�1NEf? �, NOTARY PUBLIC e--��- My Commission Expires: r ^ <t Andrew Miner ` ,, Page 2 of 3 Notary Public ?L`�ttR' / '.� , Notary ID No,134715 ''t Parish ofOdeans, Lowwiiana rI 1i ti{` 111j11j11` lj 1`ji{�1{H� {{ 1{ j` 41 P13B�; Mz@' M ES�1��i1�4i4l��l�l#{1i1�1�it��lr ni oeeds Pa5is', of 3 t3rU� EXIiIBIT -A- BEING all of Lot 72-1.9, Section T2, Winding River Plantation, as the same is shown on a reap recorded in Map Cabinet 22, Page 120 of the Brunswick County Registry, reference to which is hereby made for a more particular description, SUBJECT To AND TOGETHER WITH all rights, privileges, duties and obligations set forth in the Declaration of Covenants, Conditions and Restrictions for Winding River Plantation recorded in Book 1143, Page 197, and the Supplemental Restrictions recorded in Book 1159 at Page 788, Book 1166 at Page 1107, Book 1182 at Page 1083, Book 1193 at Page 1108, Book 1200 at Page 1096, Book 1222 at Page 544, Book 1223 at Page 294, Book 1223 at Page 749, Book 1237 at Page 190, Book 1255 at Page 193, Book 1265 at Page 1241, Book 1275 at Page 947, Book 1288 at Page 1325, Book 1324 at Page 394, Book 1331 at Page 898, Book 1332 at Page 995, Book 1333 at Page 1361, Book 1342 at Page 108, Book 1426 at Page 3, and Book 1433 at Page 715 of the Brunswick County Registry; and SUBJECT to applicable restrictions, easements and reservations of record, including without limitation, the reservation of minerals and royalty rights set forth in Deed recorded in Book 1096, Page 955 and re -recorded in Book It 13, Page 409, Brunswick County Registry; drainage and utility easements, and rights- of -way of record; and all applicable local, county, state and federal laws and regulations relative to the zoning, occupancy, subdivision, usage, construction and development of the described property, Parcel Number: 200DR019 Property Address; 487 Deep Water Drive SE, Bolivia, NC 28422 Page 3 of 3 'THIS MAP MAY NOT BE A CERTIFIER SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FUR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FEIR PLATS.' 1 i 1 l FLOATING DOCK " LOT T2-20 LOCATI13N ~ 1251 24.277.6 S.F. 0 CONCRETE DROVE 1 STORY 0 W7 167 1 csi ............ 4Y -.,EX STING I3l.lLKHEAD �L l LOT T2-18 Course FLOATING DOCK " LOT T2-20 LOCATI13N ~ 1251 24.277.6 S.F. 0 CONCRETE DROVE 1 STORY 0 W7 167 1 csi ............ 4Y -.,EX STING I3l.lLKHEAD �L l LOT T2-18 Course Bearing Distance L1 N 2545 02 W 40.93 L2 N 42-0 26 W 12.74 L3 N W56 16 W 15.51 L4 N 32' 24 00 E I 38.44 N 61' 21 E I 15.35 Curve Radius Delta Chord Chord Bear. C1 736.00 3'06 57 40.02 S Ofi 18 59 E C2 680.00 1'26 45 17.1 & S 0526 53- E LEGEND As —Built Survey Of ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 24, 2021 MEMORANDUM: �nEQ NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.lucka-NCDENR.gov SUBJECT: CAMA /D & F Applicant: Fred & Lucy Ciowes Project Location: 487 Deep Water Dr., adjacent to the AIWW in Bolivia, Brunswick County Proposed Project: The applicant proposes to install a new vinyl bulkhead waterward of an existing failing wooden bulkhead impacting approximately 64 sgft. of Coastal Wetlands and install a new fixed dock and boatlift for a total of two (2) formalized boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 22, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE D EQ North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROLINA - Wpae e t of en.troome W Wal;� /� 910.796.7215 H \ 1 m \ 2 U Z N 0 U\ � Z \ LU> \ W J X O \ m Z i \ a; u w \to U �K�IJ ¢o�or� 2 ¢ ¢ ❑ w F \ z>.=w O h d ¢ � O \ mmw(!)w(L 0 \ W W Z — = a IL Q'O�JN� N CC)CN \ U Z 1 1 1 g U) 1 J 1 W m 1 N ¢ M Y rzo W J a W LL N mW-a w W X W W w >CL❑ omav U ti i N O U Ow zm r� — D) O X I- W !A J LL F U m� ¢ co Os 0 co z z pJ _) �3 \ �Zo \ +1=W w g0m �A w �2 ,b w rn z ��Yov I Utm c E z nc7�c�a' L iU rw w d'�U m N =fWta wZW�d oiw m R L ;add ,n_-YO JELL J w ¢m 0 N C4 v WN 2 U ¢ z Cf > FJ F O O CO c X Ujm 13fi F W oUj (J; ow Of wWZ� >oHofm L_¢QoZC lD�C- W W W Z F-D..❑-i of OwCOQ�2: 2(L I�CDI \ V W ¢ (D m > V p O P:o Z¢ Z M \ zZ w aU 1 a ¢ ~= o \ CO r X \ a \ W 3 uj w m 1 \ rN- 1 \ VOGK 1 Yb 1 �`NOOps�O 111 OG Z 0 z Q U N o LL v■ O M (C T C L n �d 0 Lu aLL M � � 0 N C O �k N O LO N Qj U O L f6 Z•2 cno—' a �.c C N LL a `o c c Q Z 2!i Z 0 s ' '' =' s .s's's=s's 's's's's= 's's. 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Lj ___, _._m _,___, _« n�a _m_ J�Jy+�amo3 S4OHOIN �O I + maw _, __a ma' Iƒ�/\ �a am�0� _� _ _a _0� m - so ! m e!!E® 2� � 11 e =.t (§§moo \§§ _ _ /§§§ !§�q; \\%Z ��-= k- -- \;/\ 7/0 /\§ §)) - §§\ o i)\e \§�. _ 2 kza &zEo k j&-§FO �E¥( 0 _ */§( /\)\ \ } � \\\\j (\)(\ -/6 , ! #�§§!//\$ 9F,8 )®2ES §2[2e le�;2w����Gw§@u!§� /-§5�2l��a moo, \\)§§� , \\§�/�\\�»§5al2g-w]�!� \�0 \0u es yLd )� _ §j« Lj Lj 00 _-© @� o )}o () ) o xE §� 7 B 0 G§ ±\ 0 2 2 ( ° o ) 0. )Q ) Major Permit Fee Schedule Project Na e: County: Check No & Amolnt: Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I_ Private, non-commercial development that does riot involve the filling or $250 ° 100 /o ($250) ° 0 /o ($0) excavation of any wetlands or open water areas: Il. Public or commercial development that does not involve the filling or excavation $4C0 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine ifA,B, C, or D below applies: III(A). Private. non-commercial development, if General Water Quality $250 100% ($250) 0% ($O) Certification No 4175 can be applied- . III(B). Public or commercial developmen ` if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). if General Water Quality Certification No. 4175 could be applied, but DCM siatf determined that additional $4Q0 60°fo ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D)_ If General Water Quality $400 ° 60 /o ($240) ° 2 40 /o ($160) Certification No. 4175 cannot be applied: IV. Deveiopment that involves the filling andlor excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands andlor open water areas: